The court allowed bail to the applicant, Aalok Kumar, in a case under Sections 394 and 411 IPC. The applicant claimed innocence and lack of independent evidence despite his name surfacing in a co-accused's confession.
Applicant released on bail by executing personal bond and furnishing two sureties.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3645 of 2019
Applicant :- Aalok Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Maohammd Nadeem,Dur Vijay Singh
Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. The applicant is not named in the first information report. No offence has been committed by the applicant. The name of the applicant has surfaced in the confessional statement of the co- accused. Nothing incriminating has been recovered from the possession of the applicant. There is no independent public eye witness to the incident. Criminal history of the applicant has been explained under paragraph no.20 of the affidavit filed in support of the bail application. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant is languishing in jail since 1.12.2018.
Learned AGA has opposed prayer for bail. However, he has not disputed the aforesaid facts.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed .
Let the applicant - Aalok Kumar involved in Case Crime No. 495 of 2018, under Sections - 394, 411 I.P.C., Police Station - Tirwa, District - Kannauj be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 25.1.2019 S Rawat
2 issues framed by the court
Whether to grant bail to the applicant falsely implicated in the case.
Whether the applicant has reasonable apprehension of tampering with witnesses.
Aalok Kumar
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
